§ 509 — Hemp grower's authorization, license; fees; requirements

§ 509. Hemp grower's authorization, license; fees; requirements. 1. No\nperson shall: (a) grow, cultivate, process, produce, sell or distribute\nhemp in the state unless authorized by the commissioner as part of an\nagricultural research pilot program established under this article; or\n(b) grow, cultivate and process hemp in connection with its growing and\ncultivation or sell hemp plants or hemp seed unless licensed by the\ncommissioner. Mere transportation, such as by common carrier or another\nentity or individual, does not constitute activity subject to licensing\nunder this article.\n 2. A hemp grower license does not authorize the processing or retail\nsale of hemp for human consumption, as defined in section thirty-three\nhundred ninety-eight of the public health law, unless the licensee also\nobtains a cannabinoid hemp processor license, cannabinoid hemp retailer\nlicense, or any other license required pursuant of article\nthirty-three-B of the public health law.\n 3. Applications for licenses, authorizations or a modification\nthereof, as set out in regulation, shall be upon a form specified by the\ncommissioner, accompanied by a reasonable application fee for new\napplications or significant modifications to an application, which shall\nbe established by regulation and which may be made non-refundable by\nregulation.\n 4. The commissioner may also assess a reasonable authorization or\nlicensing fee established by regulation, scaled to cover the estimated,\nor if known, actual costs of inspections, regulatory testing and other\nadministrative expenses of the authorized or licensed activity, which\nfee shall be paid prior to the issuance of the authorization or license.\n 5. The applicant, if an individual, shall be asked to furnish together\nwith the application evidence of his or her good moral character and, if\nan entity, the applicant shall be asked to furnish together with the\napplication evidence of the good moral character of the individuals who\nhave or will have substantial responsibility for the licensed or\nauthorized activity and those in control of the entity, including\nprincipals, officers, or others exercising such control. The names of\nsuch individuals shall be set forth in the application.\n 6. The applicant shall furnish evidence of his, her or its experience\nand competency, and that the applicant has adequate facilities,\nequipment, process controls, testing capability and security, to grow,\ncultivate and process hemp in connection with its growing and\ncultivation or to sell hemp plants or hemp seed.\n 7. The department shall provide an application for renewal of any\nlicense issued under this article not less than ninety days prior to the\nexpiration of the current license. A renewal application shall be\nsubmitted to the commissioner at least thirty days prior to the\nexpiration of the authorization or license, on a form or forms provided\nby the commissioner for such purpose.\n